Sexual related offense are one of the more highly punished crimes in New York State. Being charged with a sex offense can lead to extremely lengthy and confusing court proceedings, in which it is imperative that you have an attorney you can trust to fight for your rights by your side. Being that a conviction of a sexual offense can lead to many other issues that could potentially affect a person’s ability to exist normally, make sure you have the right attorney to work for you. Aggravated sexual abuse charges can be charged in four degrees, the lowest being a class E felony and only becoming more severe as the become higher. Call now for a free consultation with one of our experienced New York criminal attorneys.
In its lowest degree, a person would be charged with aggravated sexual abuse in the fourth degree when they insert a foreign object into the penis, urethra, vagina, rectum or anus of another and the person is incapable of consent by reason other than being younger than seventeen. Additionally, if a finger is inserted in the manner as described above when the other person is incapable of consenting by reasons other than age, this level of the offense would also apply. This level of aggravated sexual abuse is a class E felony.
Becoming a class D felony, if a person inserts an object in the way described above by forcible compulsion, if a person is incapable of consent by being physically helpless or if the person is less than eleven years old, aggravated sexual abuse in the third would apply. If the actions cause physical injury to the victim and they are unable to consent by mental disability or mental incapacitation, this level of the offense would also apply.
The second highest level of the offense applies when the insertion causes physical injury to such person and occurs by forcible compulsion, when the other person is incapable of consent due to being physically helpless or they are less than eleven years old. This level of the offense is a class C felony which can mean significant time behind bars if convicted of the originally charged offense.
In its highest form, a person is guilty of a class B felony if they act in such a way as described above inserting a foreign object and in doing so cause serious physical injury to a person by forcible compulsion or the person is less than eleven years old or physical helpless. In each level of this offense, if the action is being done for a valid medical purpose, there is no violation of the offense.
Regardless of which degree the offense is charged in, they are all incredibly serious offenses and can lead to the defendant being required to register via SORA and they can lose certain rights afforded to them. It is incredibly important that you have an attorney who can help you understand the process and what is at risk while in court. Call now for a free consultation with one of experienced New York criminal attorneys.